Patent Litigation

News & Analysis as of

Supreme Court Rules Against Apple in Design Patent Case with Samsung, Remands to Federal Circuit to Formulate Test for Identifying...

Yesterday, the Supreme Court held that the relevant “article of manufacture” for arriving at a damages award for design patent infringement need not be the end product sold to the consumer, but may be only a component of that...more

Supreme Court Rules on Design Patent Damages

In a unanimous but short opinion, the United States Supreme Court reversed the Federal Circuit’s Samsung v. Apple decision on damages and held that a design patent infringer’s liability may be limited to the profits of...more

Samsung Versus Apple in the Design Patent Wars: The Supreme Court Strikes Back – And Punts

In a December 6, 2016 opinion, the U.S. Supreme Court rendered the latest decision in the long-running war over smartphones between industry and cultural titans, Apple and Samsung. While many might have hoped for a clarifying...more

Terms Are Construed In Virtual Reality Case

Burke, M. J. Claim construction report and recommendation issued regarding two terms from one patent. A Markman hearing took place on August 31, 2016. The disputed technology relates to virtual reality technology....more

Federal Circuit Opinion Asetek Danmark a/s v. CMI USA Inc. Cites Patent Damages Treatise

In a December 2nd opinion by the Federal Circuit, the court cited Patent Damages Law and Practice as a “leading commentary.” The comprehensive treatise was co-authored by Chris Marchese, one of the bloggers on this site, and...more

Supreme Court Reverses Apple’s $400 Million Damage Award Against Samsung

On December 6, 2016, the Supreme Court ruled unanimously, in an opinion by Justice Sotomayor, that an award of total profits for infringing a design patent need not be calculated based only on the end product sold to an...more

Supreme Court Decision Regarding Damages for Design Patent Infringement

In a unanimous decision, the U.S. Supreme Court yesterday overturned a $400 million jury award to Apple for Samsung's infringement of certain Apple design patents relating to smartphones (Samsung Electronics Co. Ltd. et al....more

The Sum of the Parts ? the Whole? SCOTUS on Samsung v Apple

The U.S. Supreme Court unanimously overturned a $400 million damages award against Samsung for infringing Apple's smartphone design patents. In a decision that upsets a long-standing rule for calculating damages for design...more

Disputed Terms Are Construed In Case Relating To Bed Rail Systems

Stark, C. J. Claim construction opinion issues regarding nine terms from three patents. A Markman hearing took place on October 7, 2016. The disputed technology relates to bed rail systems that can be used to prevent...more

Double-Checking the PTAB

By Bryan K. Wheelock, Principal The Federal Circuit’s docket is burgeoning with Patent Office appeals.  Three years ago there were 118 appeals from the USPTO pending before the Federal Circuit. Today there are 578.  The bulk...more

Supreme Court Decides Samsung Electronics Co. v. Apple Inc.

On December 6, 2016, the United States Supreme Court decided Samsung Electronics Co. v. Apple Inc., No. 15-777, holding that in the case of a multicomponent product, the “article of manufacture” that is the basis for an award...more

Supreme Court Changes Standard for Determining Damages for Design Patent Infringement

Samsung Electronics Co., Ltd. v. Apple Inc. (No. 15-777) - In the closely-watched Samsung v. Apple case, the Supreme Court today issued a landmark ruling that changed the long-standing rule for calculating damages for...more

Disputes Regarding Objections To Admission Of Deposition Designations At Trial Are Overruled

Stark, C. J. Defendants’ objections to deposition testimony to be used at trial are overruled; plaintiffs’ objections to counterdesignations are likewise overruled. The parties have not presented their disputes as...more

District Court Grants Motion to Compel Responses to Interrogatories Even Though Interrogatories Contained Discrete Subpart Where...

Plaintiff Synopsys, Inc. ("Synopsys") filed a motion to compel defendant, ATopTech, to respond to interrogatories. ATopTech opposed the motion by arguing that it had already answered Synopsys's Set One, Interrogatory Nos....more

Supreme Court Preview -- Life Technologies Corp. v. Promega Corp.

On Tuesday, December 6, the Supreme Court will hear oral arguments regarding the interpretation of 35 U.S.C. § 271(f)(1), with the pertinent section highlighted...more

US Supreme Court to decide important patent exhaustion questions on foreign sales and post-sale restrictions

On Friday, December 2, 2016 the US Supreme Court decided to review a case involving two important patent exhaustion questions: (1) can foreign sales exhaust US patent rights and (2) can patent law be used to enforce...more

US Supreme Court to Review Patent Exhaustion Doctrine

On December 2, 2016, the Supreme Court of the United States granted cert in a key case regarding the scope of the patent exhaustion doctrine, or “first sale doctrine,” as it relates to (1) sales of a patented item subject to...more

The Federal Circuit Confirms That It Will Review PTAB’s CBM Determinations … To A Certain Extent

The Federal Circuit has again addressed which types of patents are eligible for Covered Business Method (“CBM”) review before the Patent Trial & Appeals Board. Approximately one week after issuing the recent Unwired Planet v....more

Celgene Fights Back Against PTAB’s Determination of Unpatentability of Cancer-Related Patent Claims

On November 25, 2016, patent owner Celgene Corporation (“Celgene”) filed a Request for Rehearing in response to the Patent Trial and Appeal Board’s (PTAB) final written decision rendering unpatentable claims to U.S. Patent...more

Litigation Update: Amgen and Sandoz Stipulate to Dismiss ‘784 Patent

The parties in Amgen v. Sandoz (N.D. Cal.) (filgrastim, pegfilgrastim) have submitted a joint stipulation to dismiss, without prejudice, Amgen’s U.S. Patent No. 5,824,784 patent from the litigation. The ‘784 patent is...more

Sunrise’s Infringement Complaint Gets the Green Light

In a recent opinion out of the District of Massachusetts, the court ordered that a patent infringement dispute between two Massachusetts-based competitors in the lighting systems industry would be allowed to proceed. This...more

Federal Circuit Review | November 2016

Fraud-Detection Patent Claimed Patent-Ineligible Subject Matter - In FairWarning IP, LLC v. Iatric Systems, Inc., Appeal No. 2015-1985, the Federal Circuit affirmed the district court’s holding that FairWarning’s patent...more

Apple, Inc. v. Ameranth, Inc. (Fed. Cir. 2016)

Computerized Restaurant Ordering Menu Patents Found to Be Directed to Unpatentable Subject Matter - The U.S. Court of Appeals for the Federal Circuit reviewed a Patent Trial and Appeal Board (PTAB) decision in three...more

Busting the Myth of the Unlimited RCEs

In June, the Government Accounting Office (GAO) issued a performance audit of the U.S. Patent and Trademark Office (USPTO), “Patent Office Should Define Quality, Reassess Incentives, and Improve Clarity.” The report was...more

Future and Unreleased Products Can’t Drive Litigation

In a recent decision out of the District of Massachusetts, Judge Talwani provided litigants with insights into patent subject matter jurisdiction in declaratory judgment actions. Here the patent owner, US Carburetion, had...more

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